Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 198M — Certain dispositions to be disregarded for care receiver assets test
This Division does not apply to a disposition of an asset by a person (the disposer): (a) more than 5 years before the time when another person (the carer) became qualified for a carer payment: (i)…
Section 198N — Exemption from care receiver assets test
Application by parent or carer of sole care child (1AA) Subsections (2), (3), (4), (5) and (6) have effect if: (a) subparagraph 197B(4)(d)(i) or 197E(5)(d)(i) would disqualify from carer payment a…
Section 198P — Date of effect of favourable decision under section 198N
Date of effect (1) If the Secretary decides under subsection 198N(2), (3) or (4) that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify a…
Section 198Q — Date of effect of adverse decision under section 198N
If the Secretary decides under subsection 198N(2), (3) or (4) that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) disqualifies a person from carer payment,…
Section 199 — Carer payment not payable if payment rate nil
(1) Subject to subsection (2), a carer payment is not payable to a person if the person’s carer payment rate would be nil. (2) Subsection (1) does not apply to a person if the person’s rate would be…
Section 201AA — Newly arrived resident’s waiting period
(1) A person is subject to a newly arrived resident’s waiting period if the person: (a) has entered Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods…
Section 201AB — Duration of newly arrived resident’s waiting period
If a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day the person first became an Australian resident; and (b) ends when the person has been an…
Section 202 — Multiple entitlement exclusion
(1) A carer payment is not payable to a person if the person is already receiving a service pension or a veteran payment. (2) If: (a) a person is receiving a carer payment; and (b) another social…
Section 202A — Exclusion of certain participants in ABSTUDY Scheme
(1) If: (a) a payment is made in respect of a person under the ABSTUDY Scheme; and (b) the payment is made on the basis that the person is a full-time student; and (c) in the calculation of the…
Section 203 — Seasonal workers—preclusion period
(1) This section applies if: (a) a person has lodged a claim for carer payment; and (b) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or…
Section 210 — How to work out a person’s carer payment rate
A person’s carer payment rate is worked out using Pension Rate Calculator A at the end of section 1064 (see Part 3.2).
Section 235 — Continuation of carer payment for bereavement period where person cared for dies
(1) If: (a) a person is receiving carer payment because he or she ordinarily cares for a care receiver or care receivers; and (b) the person is caring for the care receiver or care receivers or has…
Section 236 — Continued carer payment rate
If a person is qualified for a carer payment solely because of section 235, the rate at which the pension is payable is to be determined having regard to the person’s actual circumstances.
Section 236A — Lump sum payable in some circumstances
(1) A lump sum is payable to a person under this section if: (a) the person remains qualified for carer payment because subsection 235(1) or (1A) applies; and (b) immediately before the death of the…
Section 236B — Subdivision not to apply in certain cases involving simultaneous death
If: (a) either: (i) a lower ADAT score adult and one or more multiple care children die at the same time; or (ii) a lower ADAT score adult and a dependent child of the adult die at the same time; and…
Section 237 — Qualification for payments under this Subdivision
(1) If: (a) a person is receiving a carer payment; and (b) the person is a member of a couple; and (c) the person’s partner dies; and (d) immediately before the partner died, the partner: (i) was…
Section 238 — Continued payment of deceased partner’s previous entitlement
(1) If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement…
Section 239 — Lump sum payable in some circumstances
If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of…
Section 240 — Adjustment of person’s carer payment rate
If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 237(2) not to receive payments under this Subdivision; the rate of the person’s…
Section 241 — Effect of death of person entitled to payments under this Subdivision
If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does…
Section 242 — Benefits under this Subdivision
(1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would…
Section 243 — Subdivision not to apply in certain cases involving simultaneous death
If: (a) either: (i) a lower ADAT score adult and one or more multiple care children die at the same time; or (ii) a lower ADAT score adult and a dependent child of the adult die at the same time; and…
Section 246 — Death of recipient
(1) If: (a) a person is receiving carer payment; and (b) either: (i) the person is not a member of a couple; or (ii) the person is a member of a couple and the person’s partner: (A) is not receiving…
Section 247 — One-off payment to carers (carer payment related)
A person (the qualified person) is qualified for a one-off payment to carers (carer payment related) if the person has been paid an instalment of carer payment in respect of a period that includes 11…
Section 248 — What is the amount of the payment?
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 249 — 2005 one-off payment to carers (carer payment related)
A person (the qualified person) is qualified for a 2005 one-off payment to carers (carer payment related) if the person has been paid an instalment of carer payment in respect of a period that…
Section 250 — What is the amount of the payment?
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 251 — 2005 one-off payment to carers (carer service pension related)
A person (the qualified person) is qualified for a 2005 one-off payment to carers (carer service pension related) if the person has been paid an instalment of carer service pension as a result of the…
Section 252 — What is the amount of the payment?
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 253 — 2006 one-off payment to carers (carer payment related)
A person (the qualified person) is qualified for a 2006 one-off payment to carers (carer payment related) if: (a) the person has been paid an instalment of carer payment in respect of a period that…
Section 254 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 255 — 2006 one-off payment to carers (wife pension related)
A person (the qualified person) is qualified for a 2006 one-off payment to carers (wife pension related) if: (a) the person: (i) has been paid an instalment of wife pension in respect of a period…
Section 256 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 257 — 2006 one-off payment to carers (partner service pension related)
A person (the qualified person) is qualified for a 2006 one-off payment to carers (partner service pension related) if: (a) the person: (i) has been paid an instalment of partner service pension…
Section 258 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 259 — 2006 one-off payment to carers (carer service pension related)
A person (the qualified person) is qualified for a 2006 one-off payment to carers (carer service pension related) if: (a) the person has been paid an instalment of carer service pension as a result…
Section 260 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 261 — 2007 one-off payment to carers (carer payment related)
A person (the qualified person) is qualified for a 2007 one-off payment to carers (carer payment related) if: (a) the person has been paid an instalment of carer payment in respect of a period that…
Section 262 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 263 — 2007 one-off payment to carers (wife pension related)
A person (the qualified person) is qualified for a 2007 one-off payment to carers (wife pension related) if: (a) the person: (i) has been paid an instalment of wife pension in respect of a period…
Section 264 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 265 — 2007 one-off payment to carers (partner service pension related)
A person (the qualified person) is qualified for a 2007 one-off payment to carers (partner service pension related) if: (a) the person: (i) has been paid an instalment of partner service pension…
Section 266 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 267 — 2007 one-off payment to carers (carer service pension related)
A person (the qualified person) is qualified for a 2007 one-off payment to carers (carer service pension related) if: (a) the person has been paid an instalment of carer service pension as a result…
Section 268 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 269 — 2008 one-off payment to carers (carer payment related)
A person (the qualified person) is qualified for a 2008 one-off payment to carers (carer payment related) if: (a) the person has been paid an instalment of carer payment in respect of a period that…
Section 270 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 271 — 2008 one-off payment to carers (wife pension related)
A person (the qualified person) is qualified for a 2008 one-off payment to carers (wife pension related) if: (a) the person: (i) has been paid an instalment of wife pension in respect of a period…
Section 272 — Amount of the one-off payment
The amount of the one-off payment to the qualified person is $1000. Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Section 273 — 2008 one-off payment to carers (partner service pension related)
A person (the qualified person) is qualified for a 2008 one-off payment to carers (partner service pension related) if: (a) the person: (i) has been paid an instalment of partner service pension…